[Federal Register Volume 59, Number 120 (Thursday, June 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15256]
[[Page Unknown]]
[Federal Register: June 23, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[NC-042-4020a; NC-046-5136a; NC-048-5339a; NC-50-6440a; NC-059-6276a;
FRL-4999-8]
Approval and Promulgation of Implementation Plans North Carolina:
Approval of Revisions to the Volatile Organic Compound (VOC)
Regulations
agency: Environmental Protection Agency (EPA).
action: Final rule.
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summary: On September 21, 1989, January 14, 1991, April 29, 1991, and
July 19, 1993, the State of North Carolina, through the North Carolina
Department of Environment, Health and Natural Resources (NCDEHNR),
submitted revisions to the Volatile Organic Compound (VOC) portion of
the North Carolina State Implementation Plan (SIP). In addition to the
SIP revisions listed above, North Carolina, through the NCDEHNR,
submitted amended VOC regulations on August 13, 1991, for the
Mecklenburg County Department of Environmental Protection (MCDEP). The
revisions were submitted in response to the May 26, 1988, declaration
to North Carolina that their SIP was substantially inadequate to
achieve the National Ambient Air Quality Standards (NAAQS) for ozone
(O3). In this notice, EPA is approving those revisions which
correct all deficiencies identified in the May 26, 1988, SIP call with
the exception of a Capture Efficiency rule. These revisions also delete
unnecessary cross references, alphabetize definitions and make
grammatical corrections.
dates: This final rule will be effective August 22, 1994, unless notice
is received by July 25, 1994, that someone wishes to submit adverse or
critical comments. If the effective date is delayed, timely notice will
be published in the Federal Register.
addresses: Copies of the State's submittal are available for review
during normal business hours at the following locations:
Air and Radiation Docket and Information Center (Air Docket 6102),
Environmental Protection Agency, 401 M Street, SW., Washington, DC
20460.
Environmental Protection Agency, Region IV, Air Programs Branch, 345
Courtland Street NE., Atlanta, Georgia 30365.
North Carolina Department of Environment, Health and Natural
Resources, Division of Environmental Management, 512 North Salisbury
Street, Raleigh, North Carolina 27604.
Mecklenburg County Department of Environmental Protection,
Environmental Management Division, 700 N. Tryon Street, Charlotte,
North Carolina 28202.
for further information contact: Dick Schutt of the EPA Region IV Air
Programs Branch at (404) 347-2864 and at the addresses listed in the
addresses section.
supplementary information: The Clean Air Act (CAA) as amended in 1977
provided an attainment date of December 31, 1982, for the O3 and
carbon monoxide (CO) NAAQS. However, states could seek an extension to
as late as December 31, 1987. In a Federal Register extension to
December 31, 1987, for the Mecklenburg County CO nonattainment area,
but did not extend the attainment date for O3 (40 CFR 52.1773). At
that time, all other areas in North Carolina had air quality data below
the secondary standards, were unclassifiable, or were subject to an
attainment date of July 1975.
On May 26, 1988, EPA notified the Governor of North Carolina that
areas of the State had failed to attain the NAAQS for O3 and CO.
Since the applicable attainment dates had passed, the North Carolina
SIP was declared substantially inadequate to achieve the NAAQS for
O3 and CO. EPA requested that North Carolina respond to the
inadequacies in two phases. The first response was due approximately
one year following issuance of the SIP call and the second was due
following issuance of final EPA policy program requirements for O3
and CO nonattainment areas and/or reauthorization of the Clean Air Act
(CAA). One of the Phase I requirements called for correction of EPA
identified VOC deviations within the North Carolina SIP.
On November 15, 1990, the Clean Air Act Amendments of 1990 (CAA)
were enacted. (Public Law 101-549, 101 Stat. 2399, codified at 42
U.S.C. 7401-7671q). In section 182(a)(2)(A) of the CAA, Congress
codified the requirement that states with areas classified as marginal
or above prior to enactment revise their SIPs so that the SIPs
conformed with EPA's pre-amendment guidance.\1\ Section 182(a)(2)(A)
established a deadline of May 15, 1991, for submittal of these
Reasonably Available Control Technology (RACT) ``fix-ups.''
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\1\Among other things, the pre-amendment guidance consists of
the Post-87 Policy, 52 FR 45044 (Nov. 24, 1987); the Blue Book,
``Issues Relating to VOC Regulation Cutpoints, Deficiencies and
Deviations, Clarification to appendix D of November 24, 1987,
Federal Register Notice;'' and the existing Control Techniques
Guidelines (CTG's).
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Volatile Organic Compounds (VOCs) are a precursor to O3. The
States were required to develop regulations to control VOCs. North
Carolina submitted revisions to the State VOC regulations on September
21, 1989, January 14, 1991, April 29, 1991, and July 19, 1993. North
Carolina also submitted revisions to the Mecklenburg County portion of
the North Carolina SIP VOC regulations on August 13, 1991, which are at
least as stringent as those regulations submitted for the State. These
submittals were in response to the May 26, 1988, letter to the Governor
and the RACT fix-up requirements. A brief description of each revision
follows. These revisions are more fully discussed in the official SIP
submittal that is available at the Region IV office listed under the
ADDRESSES section of this document.
15 NCAC 2D.0101--Definitions. The list of definitions was amended
to alphabetize definitions contained therein, to clarify the definition
of air pollutant, and to move the definitions of approved, capture
system, control device, day, emission, and person from 15 NCAC 2D.0901
to 15 NCAC 2D.0101 because they are more applicable to the entire
Subchapter 15 NCAC 2D.
15 NCAC 2D.0531--Sources in Nonattainment Areas. North Carolina
amended this rule to delete obsolete references to graphs contained in
the Mecklenburg County nonattainment plan. This rule is also amended to
require that all sources subject to this rule obtain offsets by
deleting waiver procedures.
15 NCAC 2D.0901--Definitions. The definitions for construction,
facility, owner or operator, and source are being deleted from 15 NCAC
2D.0901 because they are already included in 15 NCAC 2D.0101. The
definitions for approved, capture system, control device, day,
emission, and person are being deleted from 15 NCAC 2D.0901 and moved
to 15 NCAC 2D.0101. The definitions of coating, delivered to the
applicator, high solids coating, low solvent coating, and substrate are
being added to 15 NCAC 2D.0901. In the April 29, 1991, submittal, North
Carolina modified the definition of low solvent coating by correcting
the phrase ``high solvents'' to read ``high solids''. The definitions
of coating line, prime coat, shutdown, top coat, and volatile organic
compounds in 15 NCAC 2D.0901 were clarified. The definition of solvent
in 15 NCAC 2D.0901 is being changed to delete a redundant phrase.
Among the definitions being clarified in 15 NCAC 2D.0901 is the
definition for volatile organic compounds (VOCs). North Carolina
revised this definition to eliminate the use of a vapor pressure
cutoff, and to list all exempt VOCs. The definition includes all exempt
VOCs.
15 NCAC 2D.0902--Applicability. Paragraph (c) is deleted from this
rule. This paragraph contained the list of compounds that are not
considered to be VOCs. The list of exempt compounds was added to the
definition of VOC, making this paragraph superfluous.
15 NCAC 2D.0903--Recordkeeping: Reporting: Monitoring. The changes
to this rule submitted on September 21, 1989, were withdrawn by North
Carolina on April 17, 1990. The revision was withdrawn to resolve a
problem identified by the EPA in a letter from Bruce Miller, Chief, Air
Programs Branch, to Lee Daniel, Chief, Air Quality Section, dated
January 9, 1990. This letter states that North Carolina must add a
provision to 15 NCAC 2D.0903 stating that the owner or operator of any
VOC source shall maintain daily records to determine compliance. North
Carolina amended this rule in the April 29, 1991, submittal to require
monitoring reports and related information to be maintained, at a
minimum, on a daily basis.
15 NCAC 2D. 0912--General Provisions on Test Methods and
Procedures. The changes to this rule in paragraph (a) submitted on
September 21, 1989, were withdrawn by North Carolina on April 17, 1990.
The revision was withdrawn to resolve a problem identified by the EPA
in a letter from Bruce Miller, Chief, Air Programs Branch, to Lee
Daniel, Chief, Air Quality Section, dated January 9, 1990. This letter
states that North Carolina must revise 15 NCAC 2D.0912(a) to say ``* *
* unless the Director or EPA requests such demonstration.'' In the
submittal of January 14, 1991, North Carolina amended this rule to
remove the discretion of the Director of the Division of Environmental
Management (DEM) to approve alternate test methods without EPA
approval.
North Carolina added paragraphs (f) and (g) of this rule in the
September 21, 1989 submittal. Paragraph (f) addresses compliance
determination. Paragraph (g) contains provisions which specify that
tests conducted by the State or EPA take precedence over tests
conducted by the source. In addition, 2D.0912 contains the general
provision that specifies a daily compliance timeframe for emission
limits.
15 NCAC 2D.0913--Determination of Volatile Content of Surface
Coatings. North Carolina added a sentence to specify that exempt
compounds are to be treated as water. In addition, North Carolina made
a grammatical correction and changed a cross reference to the list of
exempted compounds in 15 NCAC 2D.0902(c), which is deleted. The amended
rule references the VOC definition in 15 NCAC 2D.0901--Definitions,
which contains the list of exempted compounds.
15 NCAC 2D.0917--Automobile and Light Duty Truck Manufacturing, 15
NCAC 2D.0918--Can Coating, 15 NCAC 2D.0919--Coil Coating, 15 NCAC
2D.0922--Metal Furniture Coating, 15 NCAC 2D.0923--Surface Coating of
Large Appliances, 15 NCAC 2D.0924--Magnet Wire Coating, and 15 NCAC
2D.0934--Coating of Miscellaneous Metal Parts and Products. North
Carolina amended these rules to remove the unnecessary cross reference
to out-of-date compliance schedules and to change the emission limits
from pounds of VOC per gallon of coating, excluding water, to pounds of
VOC per gallon of solids delivered. On April 17, 1990, in a letter from
George Everett, Director, Division of Environmental Management, to
Greer Tidwell, Region IV Administrator, EPA, North Carolina withdrew a
paragraph within each of these rules to resolve a grandfathering
provision that is inconsistent with EPA policy. EPA identified the
problems in the January 9, 1990, letter from Bruce Miller to Lee
Daniel. The April 29, 1991, submittal revised these sections so that
sources subject to the Control Techniques Guidelines (CTG) cannot be
exempt.
15 NCAC 2D.0920--Paper Coating. North Carolina amended this rule to
clarify the definition of paper coating. This rule was also amended to
change the emission limit from pounds of VOC per gallon of coating,
excluding water, to pounds of VOC per gallon of solids and to remove an
unnecessary cross reference. On April 17, 1990, in a letter from George
Everett to Greer Tidwell, North Carolina withdrew paragraph (e) of this
rule to resolve a grandfathering provision that is inconsistent with
EPA policy. EPA identified the problem in the January 9, 1990, letter
from Bruce Miller to Lee Daniel.
15 NCAC 2D.0921--Fabric and Vinyl Coating. North Carolina amended
this rule to clarify the definitions of fabric coating and vinyl
coating. This rule was also amended to change the emission limit from
pounds of VOC per gallon of coating, excluding water, to pounds of VOC
per gallon of solids and to remove an unnecessary cross reference. On
April 17, 1990, in a letter from George Everett to Greer Tidwell, North
Carolina withdrew paragraph (e) of this rule to resolve a
grandfathering provision that is inconsistent with EPA policy. EPA
identified the problem in the January 9, 1990, letter from Bruce Miller
to Lee Daniel.
15 NCAC 2D.0925--Petroleum Liquid Storage in Fixed Roof Tanks, 15
NCAC 2D.0926--Bulk Gasoline Plants, 15 NCAC 2D.0929--Petroleum Refinery
Sources, and 15 NCAC 2D.0930--Solvent Metal Cleaning. North Carolina
amended these rules to delete unnecessary cross references to
compliance schedules. The compliance schedules apply to all appropriate
rules in Chapter 2D.0900, thereby rendering the cross reference
obsolete. 15 NCAC 2D.0925 and 15 NCAC 2D.0930 also contain grammatical
corrections. In addition, these rules are amended to remove the
authority of the Director of the DEM to allow equally effective
controls or controls of equivalent efficiency in place of controls
specifically set out in the requirements.
15 NCAC 2D.0927--Bulk Gasoline Terminals, 15 NCAC 2D.0928--Gasoline
Service Stations Stage I, 15 NCAC 2D.0931--Cutback Asphalt, 15 NCAC
2D.0932--Gasoline Truck Tanks and Vapor Collection Systems, 15 NCAC
2D.0935--Factory Surface Coating of Flat Wood Paneling, and 14 NCAC
2D.0937--Perchloroethylene Dry Cleaning Systems. North Carolina amended
these rules to delete unnecessary cross references to compliance
schedules. The compliance schedule rules are applicable to all
appropriate rules within Section 2D.0900, thereby rendering the cross
references obsolete. 15 NCAC 2D.0928 is also amended to remove the
authority of the Director of the DEM to allow equally effective
controls or controls of equivalent efficiency in place of controls
specifically set out in the requirements. 15 NCAC 2D.0928, 15 NCAC
2D.0935, 15 NCAC 2D.0938 also contain grammatical corrections.
15 NCAC 2D.0933--Petroleum Liquid Storage in External Floating Roof
Tanks. North Carolina revised this rule to amend a cross reference to
the definition of VOCs and to delete an unnecessary cross reference to
compliance schedules. The cross reference to the definition of VOCs is
amended to reflect its new paragraph number, which changed when the
definitions in 15 NCAC 2D.0901 were reordered. The unnecessary cross
reference to the compliance schedules is deleted because the compliance
schedule rules are applicable to all appropriate rules within Section
2D.0900, thereby rendering the cross references obsolete. This rule
also contains grammatical corrections.
15 NCAC 2D.0936--Graphic Arts. North Carolina amended this rule to
add an additional control option. The option allows flexographic
printing and packaging rotogravure printing operations to comply by
using ink that contains no more than 0.5 pounds of VOC per pound of
solids. Additionally, at the request of Mecklenburg County, the
definition of ``packaging rotogravure printing'' is changed to apply
only to printing with a gravure press. This rule is also amended to
delete an unnecessary cross reference to compliance schedules. The
compliance schedule rules are applicable to all appropriate rules
within Section 2D.0900, thereby rendering the cross references
obsolete.
15 NCAC 2D.0941--Alternate Method for Leak Tightness. North
Carolina amended this rule to require the use of a check valve to
prevent water from flowing back into the water supply. Without the
check valve to prevent backflow, this procedure is in violation of the
State plumbing code when a potable water supply is used to fill the
tank being tested. This rule also contains grammatical corrections.
15 NCAC 2D.0943--Synthetic Organic Chemical and Polymer
Manufacturing. North Carolina amended this rule to correct a cross
reference to Appendix E of 40 CFR 60. Appendix E contained a list of
chemicals that has been moved to 40 CFR 60.489. The changes in the
cross reference reflect the new location of the list of chemicals. This
rule also contains grammatical corrections.
15 NCAC 2H.0603--Applications. North Carolina amended this rule to
require permits for sources subject to the requirements of 15 NCAC
2D.0531--Sources in Nonattainment Areas, and to require that those same
permits undergo a public comment period before issuance. This rule is
also amended to require that permits for sources of VOCs located in
O3 nonattainment areas that use an optional alternative control,
undergo the public hearing process and be adopted as part of the
federally approved SIP.
In this notice, EPA is approving the revisions to North Carolina's
SIP in Chapters 2D.0900--Volatile Organic Compounds, 2D.0101--
Definitions, 2D.0531--Sources in Nonattainment Areas, and 2H.0603--
Applications and the revisions submitted for the MCDEP. However, EPA
expects the State to correct a deficiency in the State's capture
efficiency (CE) regulations pursuant to the SIP call letter for O3
from Greer C. Tidwell, the EPA Regional Administrator, to Governor
James G. Martin on May 25, 1988 and clarified in a June 10, 1988 letter
from Winston A. Smith, EPA Region IV Air Division Director to Lee
Daniel, Chief of the Air Quality Section, North Carolina Division of
Environmental Management. EPA informed the NCDEHNR in a letter dated
April 6, 1992, of EPA's Office of Air Quality Planning and Standards
(OAQPS) 12-month study to identify less costly means of determining CE.
(See the March 20, 1992, memorandum from John S. Seitz, Director of the
OAQPS entitled, ``Reanalysis of Capture Efficiency (CE) Guidance''.)
The State was given the option of withdrawing the CE regulations until
after the study was complete. At this time, the study is complete and
the EPA expects to issue the final guidance document in mid 1994.
NCDEHNR is not required to submit CE regulations until EPA issues the
final guidance document.
Final Action
EPA is approving the North Carolina air quality revisions listed
above as partially fulfilling the RACT fix-up requirement. North
Carolina must still correct the O3 SIP to address the CE rule
after EPA issues the final guidance document on CE regulations.
This action is being taken without prior proposal because the
changes are noncontroversial and EPA anticipates no significant
comments on them. The public should be advised that this action will be
effective August 22, 1994. However, if adverse or critical comments are
received by July 25, 1994, two subsequent documents will be published.
One document will withdraw this final action. The second document will
be the final rulemaking notice and will address the comments received.
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
SIP approvals under section 110 and subchapter I, part D of the CAA
do not create any new requirements, but simply approve requirements
that the State is already imposing. Therefore, because the federal SIP-
approval does not impose any new requirements, I certify that it does
not have a significant impact on any small entities affected. Moreover,
due to the nature of the federal-state relationship under the CAA,
preparation of a regulatory flexibility analysis would constitute
federal inquiry into the economic reasonableness of state action. The
CAA forbids EPA to base its actions concerning SIPs on such grounds.
Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S. Ct. 1976);
42 U.S.C. section 7410(a)(2).
This action has been classified as a Table 2 Action by the Regional
Administrator under the procedures published in the Federal Register on
January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993,
memorandum from Michael H. Shapiro, Acting Assistant Administrator for
Air and Radiation. A future document will inform the general public of
these tables. On January 6, 1989, the Office of Management and Budget
(OMB) waived Table 2 and Table 3 SIP revisions from the requirement of
section 3 of Executive Order 12291 for a period of two years. The EPA
has submitted a request for a permanent waiver for Table 2 and Table 3
SIP revisions. The OMB has agreed to continue the waiver until such
time as it rules on the USEPA's request. This request continues in
effect under Executive Order 12866 which superseded Executive Order
12291 on September 30, 1993.
Nothing in this action shall be construed as permitting or allowing
or establishing a precedent for any future request for a revision to
any state implementation plan. Each request for revision to the state
implementation plan shall be considered separately in light of specific
technical, economic and environmental factors and in relation to
relevant statutory and regulatory requirements.
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by August 22, 1994. Filing a
petition for reconsideration by the Administrator of the final rule
does not affect the finality of this rule for the purpose of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule of action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Air pollution control, Hydrocarbons, Incorporation by Reference,
Intergovernmental relations, O3, Reporting and Recordkeeping
requirements.
Dated: May 24, 1994.
Patrick M. Tobin,
Acting Regional Administrator.
Part 52 chapter I, title 40, Code of Federal Regulations, is
amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart II--North Carolina
2. Section 52.1770 is amended by adding paragraph (c)(67) to read
as follows:
Sec. 52.1770 Identification of plan.
* * * * *
(c) * * *
(67) Revisions to the VOC portion of the North Carolina SIP to
correct deficiencies submitted on September 21, 1989, January 14, 1991,
and April 29, 1991, and July 19, 1993, revisions to VOC regulations of
the Mecklenburg County Department of Environmental Protection submitted
on August 13, 1991.
(i) Incorporation by reference.
(A) Amendments to the North Carolina regulations 15 NCAC 2D.0101,
.0531, .0901 except (12) and (28), .0913(b), .0917 except (d), .0918
except (d), .0919 except (d), .0920 except (e), .0921 except (d), .0922
except (d), .0923 except (e), .0924 except (d), .0925 except (d)(1),
.0926 except (g), .0927, .0928 except (e), .0929 except (d), .0930
except (e)(3) and (f)(2), .0931, .0932, .0933 except (f), .0934 except
(e), .0935, .0936, .0937, .0938, .0941, and 2H.0603 effective December
1, 1989.
(B) Amendments to the North Carolina regulations 15 NCAC 2D.0901
(28), .0902(c), .0913(a), .0925(d)(1), .0926(g), .0928(e), .0929(d),
.0930 (e)(3) and (f)(2), .0933(f), .0943 (a) (8) and (10) which were
effective March 1, 1991.
(C) Amendments to the North Carolina regulations 15 NCAC
2D.0901(12), .0917(d), .0918(d), .0919(d), .0920(e), .0921(d),
.0922(d), .0923(e), .0924(d), and .0934(e) effective on July 1, 1991.
(D) Amendments to the North Carolina regulations 15 NCAC 2D.0903
and 2D.0912 effective on July 1, 1993.
(E) Amendments to the Mecklenburg County Department of
Environmental Protection regulations 2.0901, 2.0902, 2.0913, 2.0925,
2.0926, 2.0928, 2.0929, 2.0930, 2.0933, 2.0934, 2.0943, 2.0944
effective March 1, 1991.
(F) Amendments to the Mecklenburg County Department of
Environmental Protection regulations 2.0903, 2.0912 effective July 1,
1991.
(ii) Other material. None.
3. Section 52.1780 is added to read as follows:
Sec. 52.1780 VOC rule deficiency correction.
The revisions submitted to EPA for approval on September 21, 1989,
January 14, 1991, April 29, 1991, August 13, 1991, and July 19, 1993,
were intended to correct deficiencies cited in a letter calling for the
State to revise its SIP for O3 from Greer C. Tidwell, EPA Regional
Administrator to Governor James C. Martin on May 25, 1988, and
clarified in a letter from Winston A. Smith, EPA Region IV Air Division
Director to the Chief of the Air Quality Section, North Carolina
Division of Environmental Management. The deficiency in the following
aspect of the rule has not been corrected.
(a) Procedures used to determine capture control device efficiency
should be contained in 2D.0914. This deficiency must be corrected as
soon as EPA issues final guidance on Capture Efficiency regulations.
(b) (Reserved.)
[FR Doc. 94-15256 Filed 6-22-94; 8:45 am]
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